Make Justice the Organizing Principle of the Rule of Law Field

Abstract

This paper argues that the concept of justice represents a broader and more effective organizing principle than the rule of law for international efforts to alleviate poverty. The current focus on the rule of law by international development agencies features a concentration on courts, other legal institutions, judges, laws and lawyers. But justice is about far more than the rule of law. The prescriptive portion of the paper argues that justice is about fair treatment and fair results regarding a whole host of priorities that, if supported by the international community, can better address the rights and needs of the poor. It includes organizing the disadvantaged and advocacy by and for them. The paper concludes on a predictive note that is far from optimistic about a shift from the rule of law to justice. It sketches two pessimistic scenarios for how relevant international efforts will look ten years down the line, but holds out some slight hope for two more positive scenarios emerging involving legal empowerment.